Date of Decision: February 07, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Mechanical Industrial Engineering
Petitioner Information
Profession: Industrial Engineer and Business Owner
Field: Transportation
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- None specified in the decision
Criteria Not Met: - Advanced Degree Professional: The petitioner did not submit certified English translations of his educational credentials, official academic transcripts, or an academic credential evaluation to confirm that he has a foreign equivalent of a U.S. advanced degree.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to utilize his expertise in mechanical industrial engineering within his transportation company. However, specific activities or projects were not detailed in the decision.
Substantial Merit and National Importance:
The review did not reach the assessment of the proposed endeavor’s merit and national importance due to the preliminary finding of ineligibility on educational qualifications.
Supporting Evidence:
The petitioner failed to submit the required documentation to remedy deficiencies noted in the Request for Evidence (RFE), thus not supporting his claim adequately.
Inconsistencies in Proposed Endeavor:
The primary inconsistency lies in the petitioner’s failure to establish his qualifications as an advanced degree professional, critical for EB-2 NIW consideration.
Supporting Documentation
Letters of Intent: Not applicable as no specific letters or evidence were discussed.
Business Plan: Not applicable as no business plan was provided or mentioned.
Advisory Letter: Not applicable as no advisory letters were noted in the review.
Any other supporting documentation: Lacked comprehensive supporting documentation which was crucial for the appeal.
Conclusion
Final Determination: The appeal is dismissed due to the petitioner’s failure to establish qualification for the underlying EB-2 visa classification as an advanced degree professional.
Reasoning: The decision centered around the lack of essential educational documentation and translations, which are fundamental to proving eligibility for the EB-2 classification.
